tagging isn't just happening in the dark. it happened for the first time in the light of day. for the second time in one day, the public works department had to clean up the miss. >> this is the first i really noticed this year. i've noticed it in other parts of them park. >> reporter: these two men walked their dogs to the top of the hill this afternoon. it was hard not to notice the graffiti marring this memorial. two years ago, vandals chiseled the very same plack off. >> seeing it on a memorial really gives me sadness, quite a bit, shows a lack of respect for the men and women who have sacrificed for our free speech and freedom. >> reporter: the department has a graffiti hotline, but for it to work, people have to call. usually quick to respond, the department said it didn't initially know about the tagging. >> it wasn't reported to us. we found it on a local blog, so staff noticed it. we went out then and removed

the graffiti. >> reporter: that was this morning. when they came back a few hours later, taggers had struck the memorial again for the second time. >> really a nice park, nice family park, and to see some tagging just brings it down quick. >> it's a tribute of honor, and it's the most dishonorable thing you could do. >> reporter: public works sent photos of the tagging to the police different. some of the tagging has been linked to gang affiliations. happening now, the search for a new police chief in san jose will go before the community in just a few minutes. carol lu is there live where public discussion is about to get under way. what is needed there, kara? >> reporter: residents here will be asked what they want. whoever becomes san jose's next police chief will inherit a department with nearly 1100

sworn officers that many say is grappling with morale and staffing issues. the president of the police officers association said he doesn't know specifically about candidates, but there are two names that have frequently surfaced. sacramento chief rick braziel, and fresno police chief deerer. another is being pushed by one counsel member, and that is gary kirby, assistant chief of police in san jose. paul chambers live in san francisco with the requirements for dangerous, but also essential jobs. paul. >> duane: >> if people are looking for a josh, they don't mind working holidays or weekends, look no

farther than law enforcement agencies like chp. a lot are understaffed as some are preparing for retirement. highway patrol officers need your help. >> we're looking for highly motivated individuals. people interested in a career in law enforcement who will be able to serve not only chp, but our community. >> reporter: chp is hiring statewide with a starting salary of $65,000 a year. once you fulfill the minimum requirement, you pass the academy, after 27 weeks, you graduate to field training status. >> san francisco police are also hiring. today they started accepting applications on-line for entry level police officers. you have from now to december 7th to i apply.

>> we do have more people planning to retire over the next several years. >> there was so much interest this morning, that the website overloaded for a few minutes. sfpd's starting salary is $88,000 a year. they don't have a residency restriction or age limit, but does have some similar requirements to chp. >> all we ask is that you're 21 years of age, no felony convinces, and at least a high school diploma or equivalent. >> reporter: a big change for law enforcement, since a few years ago, a lot of places were laying people off. san jose police are searching for clues tonight after two masked men carrying guns tried to rob a jewelry store todayed. it happened just after 10:00 this morning. price say the would-be robbers walked into the store on king's road. the store clerk also had a gun and shots were fired.

the click was not hurt, but it's unclear if either robber was hit. they got away without stealing any jewelry. >> a driver hit and killed a 14- year-old girl who was riding her bike this morning. the collision happened where the teenage girl was treated at the scene, and then taken to stanford hospital where she died from her injuries. police say the driver is cooperating. the number of deadly crashes this holiday weekend increased, but dui arrests were down. 44 people were killed statewide, including 6 in the bay area between wednesday and sunday. that is 12 more deaths than last year. officials say nearly half of those people killed were not wearing seat belts. in the bay area, there were 237dui arrests, compared to 262 last year. >> pretrial motions and jury selection begins tomorrow for the murder trial of an east palo alto man accused of fatally shooting a baby. the man seen here sprayed a car

with bullets on june 5th of last year. three-year-old isaac jimenez garcia was shot in the head while sitting in his car seat. the parents were mistaken for members of a rival gang. san francisco fire officials today said a carbon monoxide scare last night turned out to be a false alarm. more than a dozen residents of the duplex were evacuated when a carbon monoxide detector went off. many went to then hospital. it was determined that smoke alarm had sounded, and not a carbon monoxide detector. rob ross is live in sunny valle with how this cold weather program can mean the difference between life and death for some people. rob? >> reporter: well, the doors did just open here at this armory, which beginning tonight will now be a nighttime homeless shelter for the

winter. you can see people are being processed in. over the past few minutes, dozens of homeless people have been arriving to get a warm meal and a place to stay overnight. one man said he's been sleeping near the guadalupe creek the past 8 months, and plans to spend tonight inside a winter shelter. >> its cold no matter how main covers you put on, you know, you can feel the coldness, you know, and you've got some kind of heater, and i don't have one of those. >> the key is housing. if we can get people into housing as quickly as possible, the chances of ending their homelessness is very high. >> reporter: and you see some of the blankets that will be handed out. on the first monday after thanksgiving, santa clara county traditionally opens it's winter shelters. beginning tonight, there are 275 additional beds, and at the national guard armories here in

sunny valle and gill roy. the shelters will stay open through the end of march. >> ktvu has a list of food banks and charities that need your help this holiday season. just look under the hot topics on your home page to find out how you can help those in need. a hewlett-packard investigator today filed suit over an acquisition that led to a stock drop hp is being accused of making false statements about british manufacturer atonmy. hp bought the company last year for more than $11 billion. >>age 8-year prison -- an 8- year prison sentence is being recommended for kendy dirky. he pleaded guilty in march to five charges of mail fraud. she is scheduled to be

sentenced on wednesday. san francisco general hospital is demanding more than a million dollars from the los angeles dodgers for the medical care given to brian tstowe, who was savagely beaten last year at dodgers stadium in los angeles. san francisco general value seeking $1.2 million from the team as reimbursement for the extensive brain trauma treatment that stowe received. the family is also suing the dodgers for $50 million for life time medical expenses that he faces. a peanut butter processer is at the center of the salmonella recall. sun land incorporated was closed. the tainted pea peanut butter was sold under trader joe's

valencia creamy peanut butter brand. original estimates are being kept for cap and trade revenue despite lower participation in the first bidding. state officials say any changes to the estimate will be released in january. a mystical religious sect accused offered running a northern california drug ring, but we're learning why church members say the feds are making a big mistake. >> some find out when the first round of rain is expected in your area, coming up in just 7 minutes. but right after the break, you may not like what facebook has planned. we'll explain how you could 0 soon have less control over price changes on your facebook page.

the defense department says a northern california navy seal has died in afghanistan. petty officer first class kevin everett from arcadia died saturday in a mountainias area of the country. the 32-year-old was supporting

what is termed stability operations. his seal team was based out of the east coast. the late 578 bass door chris -- ambassador chris stevens was laid to rest last week. a child's handwritten note and a flag marks his grave. he was buried in a small ceremony last friday. stevens was killed on september 11th during an attack in benghazi libya. he attended uc berkeley and uc hastings law school. chris stevens was 52 years old. >> cyber monday arrived with a bank. on-line retail sales are up 24% today compared with last year. one survey predicts 129 million people will shop on-line today. that is up from nearly 123 million who did last year. ktvu consumer editor tom baker is live now in san a rafael.

>> reporter: the key to sales success this year is to outdiscount your on-line competitors. richard, founder of the sharper image, was one of the first big on-line retailers. he now does business as richard solo, and says for small internet companies to compete, they have to be different than amazon and ebay. you have to have a unique product. we try to come up with unique products that aren't available everywhere. >> reporter: so whether it's a digital screen tv, camera, toy, or watch, these and other brands have become commodities, things available in many places on-line and off. >> you can check out places here and find what you like, and then shop for it on-line to get a better deal. >> reporter: on-line retailers can often supply them cheaper than brick and mortar stores. >> if i'm just looking at

picture on-line, it's definitely name brand. >> however, for a lot of clothes buying, that's still pretty much a hand's on experience. >> so much of the shopping mall is clothing and shoes, and you want to see how they fit. you want to look in the mirror and see how that dress hangs on the woman, right? or how that pair of running shoes feels on your feet. haven't but once consumers have that fit, it is not at all unusual for them to buy the same product to replace it on- line. and ktvu.com has tips for on-line shopping safety, including the top 10 on-line scams. just click on the cyber monday tab. the state of california aping collecting $100 million from a new sales tax law, but as we found out, not everyone is paying like they should. the so-called amazon tax affects and some of the largest on-line retailers, but only about 200 businesses have been identified so far by the state. the state says if you don't pay

sales tax on-line, then you must file on your personal state taxes, which few people do. >> you're not off the hook, and you haven't been off the hook since 1935. >> so far the state has collected less than $20 million from the on-line retailer tax. facebook is about to ask users to vote on a plan that would end up taking away the right to vote in the future. the social networking giant says it will seek out comments about revokes users right to vote on some changes to facebook privacy policies. one change would impact the data use policy, which explains how the site collects and uses data, and the statement of rights and responsibilities, which explains the terms governing their use of our services. a new poll suggests that contra costa county is turning more democratic. a. >> duane: study found 60% voted for governor jerry broken brown's appropriate position 30

in november, compared with 54 statewide. a dozen years ago, republicans outnumbered democrats if 7 cities. now they are the majority in only two cities. danville and clayton. and we've got wet weather headed your way. tomorrow not wet, but as we get into wednesday morning, the rain begins and continues for some time. big shot here. i don't often do this. here is the hawaiian islands. you see how this is getting pulled into the system. it's a lower latitude storm, pulling a lot of tropical moisture, and it's going to make a beeline for parts of the north bay. that will be the heaviest rain locations. so the clouds are increasing now. they will be mostly cloudy by tomorrow afternoon, and we start rain around here early wednesday morning. the overnight low is going to be cool. we'll see valley fog again

tonight. a dose of it this morning, a dose of it again tomorrow morning. 48 in oakland. it will be warmer. this will be the coolest morning we'll have for a while, because when that system gets in here, next one, it has that moisture tap from the south. it's going to be warm, mild, temperatures in the low 50s and 60s when it's raining. so some clouds tonight, mostly cool. foggy in the morning. this is all about breaks, and when the rain comes, and if we get a break and don't get a break in terms of concerns for roadway issues and some small flooding, but right now looks like we're going to get some breaks that's the good news. high pressure tomorrow, it changes. the winds offshore will begin to increase, and then heavy rain in the forecast. how do you know it's heavy rain? well, the way the jet stream is positioned. but, again, the way i showed you where it's coming from, when you don't have upper air dynamics and low pressure and stuff, if you're wanting to get rain, you will, so that's what we're up against. so we have a lot of moisture

heading our way. tomorrow night the rain starts to show up offshore. wednesday morning's commute wet, 7:00 al. that's pretty wet. there will be wind with this as well. mornings on two start about 4:30, it will be raining by about 5:00. lunchtime, it starts to back out. there's the back edge of it. here comes the break. right? and then we go into thursday. here is the next weather system. looks like a little break behind that one. the timing on these is going to be tough. so just note wednesday, that's one to feel real good about, we're right next to it. the thursday one, the saturday, the sunday potential, those are coming, but the timing is going to be a little bit tougher. like i said, though one is going to be able to tell you, this is when it's going to be here. this isn't the kind of system you can time out. we can time out the wednesday, it's going to be wet and windy. saturday and sunday, the rain

wants to continue. so let's go day by day, right? >> well, stay on toed, and wall keep track. >> that's what i'm thinking. >> thank you, bill. coming up on bay area news at 7:00, angry teachers demanding action. >> these teachers say they are being targeted for cuts even to the proposition 30 passed. an array of hope -- and a ray of hope for hockey fans. join us for these stories and more at 7:00 on tv 36. a marijuana grow allegedly used to fund the membership of a religious cult.

a marijuana grow in yuma county helped finance membership to a religious cult according to one report. a recently filed search warrant says the case centers around a controversial informant. a woman who is engaged to one of the suspects claims investigators are making up stories. >> sure, that sounds great,

like a great story. sounds like it would make an interesting movie. however, it's not the reality of what's happening here. >> nowhere in the search warrant does itself say marijuana was actively being grown or even transported on the grounds of the lee lidgeious group named in the warrant. federal investigators is have not yet commented. >> the 49ers are asking fans to vote for their favorite moments at candlestick park. it comes as the team prepares for a move to its new santa clara stadium in 2014. the top-ranked moments will be commemorated over the next season, and voting ends december 2 1s. we have linked the voting website to ktvu. .com. >> mark joins us with more talk of the 49ers, and especially their two quarterbacks. >> yeah, yesterday's game sure did do not anything to quell talk about the two quarterbacks with the 49ers. and there they are on the sidelines of a 31-21 win over

the saints. and if you're thinking that coach harbaugh maybe going to stop all of the mystery with with regard to who is starting this sunday with the rams, forget about that. today harbaugh addressed the media, and talked about what is really an turn situation with number 1 and 1a. >> alex smith is our starting quarterback. he has not done anything to lose that job. also colin kaepernick, can't categorize him as a backup quarterback, because he's started games and played very well in those games. so in a unique situation, you have two quarterbacks that are are playing at a very high level. this season is -- the quarterback position has been shared, and at the end of the season, you look back on it and say that was shared. so i think the thing that's best for us, we've got two good guys. >> that's for sure. and the talk assuredly will

continue. meantime, to change the subject a little bit. i don't care how much money you make, it's not bad to get a quarter of a million dollars and that's what major league baseball announced today. the players pool is a record $65 million from the post- season, which means each san francisco giant and some of the other people in the organization will receive $377,000. that breaks the mark set by the st. louis cardinals back in 2006, and, yes, melky cabrera will get a full share. that's the sporting line right now. more sport is tonight at 10:00, of course. as we told you, the community is gathering tonight in san jose to talk about what they want to see from a new police chief. we're there, and we'll bring you a live update on that public input tonight on the 10:00 news. >> thank you for trusting ktvu channel 2 news.

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